SHERROD v. BREITBART

No. 11-7088.

720 F.3d 932 (2013)

Shirley SHERROD, Appellee v. Andrew BREITBART and Larry O'Connor, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 25, 2013.


Attorney(s) appearing for the Case

Bruce D. Brown argued the cause for appellant Larry O'Connor. With him on the briefs were Bruce W. Sanford and Mark I. Bailen . Eric Kuwana entered an appearance.

Laura R. Handman , Micah J. Ratner , Jonathan R. Donnellan , Kristina E. Findikyan , David E. McCraw , Kurt Wimmer , Gregg P. Leslie , and Eric N. Lieberman were on the brief for amici curiae Media Organizations, et al. in support of appellants.

Ariel B. Levinson-Waldman , Senior Counsel to the Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for amicus curiae District of Columbia. With him on the brief were Irvin B. Nathan , Attorney General, and Todd S. Kim , Solicitor General.

Thomas D. Yannucci argued the cause for appellee. With him on the brief were Michael D. Jones and Thomas A. Clare . Peter A. Farrell and Beth A. Williams entered appearances.

Julie A. Murray , Paul Alan Levy , and Arthur B. Spitzer were on the brief for amici curiae Public Citizen, Inc., et al. in support of neither party.

Concurring opinion filed by Circuit Judge GRIFFITH.


RANDOLPH, Senior Circuit Judge:

This is an appeal from an order of the district court denying defendants' motion to dismiss under the District of Columbia's Anti-SLAPP Act of 2010. D.C.Code § 16-5501 et seq. The district court's jurisdiction rested on diversity of citizenship. 28 U.S.C. § 1332. The court gave three reasons for its order: the D.C. statute is inapplicable in federal court under the Erie doctrine, see Erie R.R. v. Tompkins...

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